Patton v. Cincinnati, N. O. & T. P. Ry.
District Court, E.D. Tennessee
At Raw. Action by Bessie Patton, administratrix, against the Cincinnati, New Orleans & Texas Pacific Railway. On motion to remand.
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At Raw. Action by Bessie Patton, administratrix, against the Cincinnati, New Orleans & Texas Pacific Railway. On motion to remand. This is an action for 825,000 damages commenced by the plaintiff by summons from the Circuit Court of Hamilton County, Tennessee, a county within the Southern Division of the Eastern District of Tennessee, which was issued and served on November 4, 1912, and was returnable on January 6, 1913. On January 9, 1913. the plaintiff’s declaration not having been filed, the defendant filed its petition in the State court, with proper bond, for removal of the suit to this…
1Opinion of the Court
On Motion to Remand.
SANFORD, District Judge
(after stating the facts as above). ■ Section 6 of the Employers’ Liability Act of April 22, 1908, c. 149 (35 Stat. 66), as amended by section 1 of the Act of April 5, 1910, c. 143 (36 Stat. 291 [U. S. Comp. St. Supp. 1911, p. 1324]), provides as follows :
“Under this ‘Act an action may be brought in a circuit court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action. The jurisdiction of the courts of the…
2Cases cited17 opinions
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Barney v. LathamSupreme Court of the United States · 1881
- In Re MooreSupreme Court of the United States · 1908
- Ayers v. WatsonSupreme Court of the United States · 1885
- Minis v. United StatesSupreme Court of the United States · 1841
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Goetz v. Interlake S. S. Co.District Court, S.D. New York · 1931
- Eng v. Southern Pac. Co.District Court, D. Oregon · 1913
- Mitchell v. Southern Ry. Co.District Court, N.D. Georgia · 1917
- Hall v. Illinois Central Railroad CompanyDistrict Court, W.D. Kentucky · 1957
- Southern Railway Co. v. HighsmithCourt of Appeals of Georgia · 1939